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HomeMy WebLinkAbout2022-03-02 Town Board Minutes MARCH 2, 2022 5:00 P.M. PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT CORTLAND COMMERCE CENTER, LLC, OWNER DAVID YAMAN, APPLICANT 839 ROUTE 13 TAX MAP #95.00-10-01.110 & 95.00-10-11.200 A Public Hearing was held by the Town Board of the Town of Cortlandville via Zoom video and telephone conference with Supervisor Williams presiding, as permitted by the Executive Order of the State of New York, concerning an application for an Aquifer Protection Permit submitted by David Yaman for the purpose of constructing a multi-phased warehouse/manufacturing facility; one 38,000 square foot building, four 30,000 square foot buildings and one 20,000 square foot building, with associated driveways, parking areas, loading docks, utility services, stormwater management facilities and landscaping, for property owned by Cortland Commerce Center, LLC, located at 839 NYS Route 13, tax map #95.00-10-01.110 & 95.00-10-11.200. Members present: Supervisor, Thomas A. Williams Councilman, Jay E. Cobb Councilman, Jeffrey D. Guido Councilman, Gregory K. Leach Councilman, Theodore V. Testa Town Clerk, Kristin E. Rocco-Petrella Others present were: Town Attorney, John DelVecchio; Deputy Town Clerk, Abigail Albro; Supervisor’s Secretary, Patty O’Mara; Assistant to the Supervisor’s Secretary, Amanda Rainbow; Highway Sup’t. Larry Drach; Engineer, Edward Keplinger from Keplinger Freeman; David Yaman; Town Resident: Pamela Jenkins; and News Reporters: Brad Smith from WXHC; Eddie Velasquez from the Cortland Voice; and Yuner Gao and Todd McAdam from the Cortland Standard. Supervisor Williams called the Public Hearing to order. Attorney DelVecchio mentioned that the documents associated with the Aquifer Protection Permit application submitted by David Yaman were posted to the Town’s website in advance of the meeting. However, there were some technical issues associated with the Town’s public document portal and at some points in time there were some accessibility problems for those documents. He wanted to make it clear for the record that the documents were posted in advance of the meeting and that if the public was interested in the documents, they are available at the Town Hall at any time. Town Clerk, Kristin Rocco-Petrella read aloud the published, posted and filed legal notice. Supervisor Williams offered privilege of the floor to those in attendance. Town resident, Pamela Jenkins: … What I want to say is I'm not speaking against the application. I'm speaking about the process, because the agenda shows that part 2 and 3 will be completed by this Board after the Public Hearing. Think about that. The Public Hearing is being held on an incomplete application. As I explained to you February 2nd, and many times before, all applications must be completed up through Part 1, Part 2, and Part 3, if necessary, and through the negative declaration or draft EIS and written findings. Before any Boards can take action on an application. SEQRA is very specific that an application must be complete before it can undergo substantive review or action or approval by any Board. This application has already been reviewed and acted upon by the County and Town Planning Boards, which is a violation of SEQRA because they acted upon an incomplete application. And an Aquifer Permit is a special permit subject to SEQRA. I'm just going to read from page 13 of the 2020 SEQRA Handbook, 617.3c, requires that a complete application for a type one or unlisted action, include either a negative declaration or a draft EIS that is acceptable to the lead agency. The requirement for a complete application to include a negative declaration or a draft EIS serves to ensure that Agencies and Boards have an environmental record, and here it comes, before commencing their substantive review of the application. And then in 617.3 further, an application for funding or approval at a type one or unlisted action will not be complete until the negative declaration has been issued, or until a draft EIS has been accepted. And then 617.3, no agency involved in an action may undertake, fund, or approve an action until it has complied with the provisions of SEQRA. So, I'm pointing out again MARCH 2, 2022 TOWN BOARD MEETING PAGE 2 that you are holding this Public Hearing on an incomplete application, because you have not taken it through part 2 part 3, negative declaration, or draft EIS. So then, getting back to this specific application, I appreciate the applicant has updated the EAF. I was only able to see it this morning because of the tech issues which you previously discussed Mr. DelVecchio. But please note, however, that the area in question does, in fact, lie in the area to be a critical environmental area, as mapped in the adopted 2021 Comprehensive Plan and Figure 4-1, even if Cortlandville has not yet completed the paperwork to New York State for this CEA. Again, I'm not speaking against this application. I'm just saying that you didn't follow SEQRA. So if anyone wanted to challeng e it, and it's not going to be me, I want to make that clear. But it's really… my hope is that Cortlandville will begin to follow the SEQRA process for all applications. Thank you very much. Supervisor Williams thanked Ms. Jenkins for her comments and asked if there any were more requests for privilege of the floor. No further comments or discussion were heard. The Public Hearing was closed at 5:08 p.m. MARCH 2, 2022 5:08 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held via Zoom video and telephone conference as permitted by the Executive Order of the State of New York, with Supervisor Williams presiding. Members present: Supervisor, Thomas A. Williams Councilman, Jay E. Cobb Councilman, Jeffrey D. Guido Councilman, Gregory K. Leach Councilman, Theodore V. Testa Town Clerk, Kristin E. Rocco-Petrella Others present were: Town Attorney, John DelVecchio; Deputy Town Clerk, Abigail Albro; Supervisor’s Secretary, Patty O’Mara; Assistant to the Supervisor’s Secretary, Amanda Rainbow; Highway Sup’t. Larry Drach; Engineer, Edward Keplinger from Keplinger Freeman; David Yaman; Town Resident: Pamela Jenkins; and News Reporters: Brad Smith from WXHC; Eddie Velasquez from the Cortland Voice; and Yuner Gao and Todd McAdam from the Cortland Standard. Supervisor Williams called the Regular Meeting to order. Councilman Cobb made a motion, seconded by Councilman Guido, to receive and file the Cortlandville Planning Board Minutes of January 25, 2022. All voting aye, the motion was carried. Councilman Cobb made a motion, seconded by Councilman Guido, to approve the Draft Town Board Minutes of February 2, 2022, and February 16, 2022. All voting aye, the motion was carried. RESOLUTION #77 AUTHORIZE PAYMENT OF VOUCHERS – MARCH Motion by Councilman Guido Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: Funds A, B, DA, DB, Voucher #230-272 HG, SF, SS, SW General Fund A $ 37,112.16 General Fund B $ 1,775.91 Highway Fund DA $ 0.00 Highway Fund DB $ 27,904.37 Gutchess Lumber SC Project HG $ 20,952.49 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 30,669.37 Water Fund SW $ 4,687.27 Funds CD1, CD3, CD4 Voucher #(None) BMills Rehab CD1 $ 0.00 Town Wide Rehab CD3 $ 0.00 Business Devl CD4 $ 0.00 Funds TA, TE Voucher #5-7 Trust & Agency TA $ 52,326.65 Expendable Trust TE $ 0.00 Supervisor Williams offered privilege of the floor to Pamela Jenkins. Town Resident Pamela Jenkins: … But the other thing I would like to request is that a draft agenda, for all meetings, be posted on the Town website during the week previous to the meeting because… well, an agendas could then be updated as necessary up till, I guess 24 hours before a meeting, and having all the relevant documents attached. That's how the County Legislature does it and I don't see any reason why Cortlandville can't do it, because, seeing the agenda the day before the meeting, or as in the case of today on the morning of the meeting for the first time does not allow the public enough time to review or even sign up, especially given all of the tech problems. In fact, again, as I said, today I was unable to review the agenda for this meeting until MARCH 2, 2022 TOWN BOARD MEETING PAGE 2 this A.M. due to the tech problems. And it wasn't without, you know, responsiveness from Abbi and Patty and Kristin. They all let me know that it was a tech problem. But, you know, and offered to help me in any way they could. But, I think a lot of problems could be resolved if you did , in fact, post the draft agenda in the week before. Thank you. Under Old Business, Supervisor Williams asked for a motion regarding the Aquifer Protection Permit submitted by David Yaman for the construction of a multi -phase warehouse facility for property located at 839 Route 13, tax map #95.00-10-01.110 and 95.00-10-11.200. Councilman Guido made a motion to approve the permit, which he then withdrew at the request of Attorney DelVecchio in order to conduct the SEQRA review. Attorney DelVecchio explained that well in advance of the meeting he circulated a series of documents to the Board members, including Part 1 of the SEQRA Long Environmental Assessment Form (“Long Form”), which was amended by Mr. Yaman’s Engineer, Edward Keplinger. In his cover letter, dated February 8th, Mr. Keplinger “delineated specifically what those modifications were”, which were then circulated to the Board. Attorney DelVecchio asked if the Board reviewed the documents, to which they all answered yes. The second document circulated was Part 2 of the Long Form which Attorney DelVecchio discussed previously with Mr. Keplinger. As a result of the conversation, Mr. Keplinger filled out Part 2 which was circulated to the Board. Attorney DelVecchio explained he would like to go through Part 2 and “see if the Board agrees with Mr. Keplinger’s analysis of the responses to Part 2”. Discussion proceeded as follows: Attorney DelVecchio: … With that said, we're gonna go through Part 2. The first factor is Impact on Land. And the answer to this question is, yes or no. And when I propose the question, or the factor, I'm gonna go around the horn, and I think we should do a Tom, aye, Greg, aye, whatever. Okay? The first question is, the proposed action may involve construction on, or physical alteration of, the land surface of the proposed site. Before the Board answers yes or no, Mr. Keplinger, can you just give a brief synopsis of your reasoning behind that? Edward Keplinger, Engineer: Yes, so I went through. It looks like there's eight categories that discuss the impacts on the land that would either be no impact or small impact. There's two categories, as you can see on the form, and then there's moderate to large impact. We went through, and all the categories from A to G, we felt were either no impact or a very small impact, or an impact that could be mitigated through a practice. We think that the impact on land should be yes, and we under H, other impacts, we said the project may be constructed in multiple phases. However, each phase of work would be no longer than six to nine months in most instances. Most definitely less than a year. So we've, that was our reasoning for why it would have an impact on the land, but that impact would be mitigated through a shorter duration of construction. Supervisor Williams: Thank you. Attorney DelVecchio: Understood. So with that said, the proposed answer to the general factor Impact on Land, proposed action may involve construction on, or physical alteration of the land surface of the proposed site. The answer being yes. Let's go around the horn. Supervisor Williams: Tom, aye. Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: And so we'll go through the sub factors now, considering Mr. Keplinger’s analysis, and again, your analysis of the proposed action. A, the proposed action may involve construction on land where depth to water table is less than 3 feet. The proposed answer is no or moderate impact may occur. Let's go around the horn. Supervisor Williams: Tom, aye. Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. MARCH 2, 2022 TOWN BOARD MEETING PAGE 3 Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: Second factor is, the proposed action may involve construction on slopes of 15% or greater. Proposed answer is no or moderate impact may occur. Let's go around the horn. Supervisor Williams: Tom, aye. Councilman Leach: Greg, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Attorney DelVecchio: Thanks Ted. Supervisor Williams: Ted are you there? Attorney DelVecchio: Sorry, I think we had four there. Supervisor Williams: Ted, did you answer? Councilman Testa: Ted, yes. I answered. Supervisor Williams: Okay. Thank you. Attorney DelVecchio: Okay, sub-factor C, is the proposed action may involve construction on a land where bedrock is exposed, or generally within 5 feet of existing ground surface. Again, no or small impact, is the proposed answer. Supervisor Williams: Tom, aye. Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: Sub-factor D is, the proposed action may involve the excavation or removal of more than 1,000 tons of natural mineral… excuse me, material. No, or small impact. Supervisor Williams: Tom, aye. Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: E, the proposed action may involve construction that continues for more than one year or in multiple phases. Mr. Keplinger explained that, I think, in very good detail. No or small impact. Supervisor Williams: Tom, aye. Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. MARCH 2, 2022 TOWN BOARD MEETING PAGE 4 Councilman Leach: Greg, aye. Attorney DelVecchio: Sub-factor F, the proposed action may result in increased erosion, whether physical disturbance or vegetation removal, including from treatment by herbicides. No or small impact. Supervisor Williams: Tom, aye. Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: Then, for sub-factor H, other impacts, what's listed there is the project may be constructed in multiple phases, however, each phase would last no longer than six to nine months in most instances. Again, no or small impact may occur. Supervisor Williams: Tom, aye. Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: Moving on to the General Factor 2, Impact on Geological Features. The proposed action may result in modification or destruction of, or inhibit access to, any unique or unusual landforms on the site. The proposed answer to that generally is, no. I’d like Mr. Keplinger to just briefly give his supporting reasoning for that. Edward Keplinger, Engineer: Yes, we looked at the land features, and we didn't see anything there that was unique or unusual on the site. Attorney DelVecchio: With that said, the proposed answer being no, let's go around the horn. Supervisor Williams: Tom, aye. Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: Moving on to Factor 3, Impacts on Surface Water. The proposed action may affect one or more wetlands or other surface water bodies. The proposed general answer to that is, no. Mr. Keplinger, could you please expand on that? Edward Keplinger, Engineer: Yeah, there's really very little surface water on the site. There's two lagoons and a stormwater management facility. That project will not be impacting those facilities. Attorney DelVecchio: With that said, the proposed answer being, no. Let's go around the horn, please. Supervisor Williams: Tom, aye. Councilman Testa: Ted, aye. MARCH 2, 2022 TOWN BOARD MEETING PAGE 5 Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: Next General Factor, Impact on Groundwater. The proposed action may result in new or additional use of groundwater, or may have the potential to introduce contaminants to the groundwater or an aquifer. The proposed answer to this is, yes. And again, I'll turn it over to Mr. Keplinger. Edward Keplinger, Engineer: Yeah. Well, when we looked at this, the new buildings are going to be serviced by public water. There are no new wells proposed, but because of Cortland's Aquifer Permit requirements and the proximity of the development to the Town Aquifer, we felt that this should be at least reviewed. There are no proposed uses that would introduce contamination to the groundwater as part of this project. Attorney DelVecchio: That being said, the proposed answer to that factor was, yes. Let's go around the horn. Supervisor Williams: Tom, aye. Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: Because the Board answered in the affirmative, let's go through the sub- factors briefly. The proposed action may require new water supply wells or create additional demand on supplies from existing water supply wells. Proposed answer is no or small impact may occur. Supervisor Williams: Tom, aye. Councilman Leach: Greg, aye Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Attorney DelVecchio: Second sub-factor under that section is water supply demand from the proposed action may exceed safe and sustainable withdrawal capacity rate of the local supplier aquifer. No or small impact may occur. Supervisor Williams: Tom, aye. Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: Moving on to the third one, proposed action may allow or result in residential uses in areas without water and sewer services. No or small impact. Supervisor Williams: Tom, aye. Councilman Testa: Ted, aye. MARCH 2, 2022 TOWN BOARD MEETING PAGE 6 Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: D, the proposed action may include or require wastewater discharge to groundwater. No or small impact may occur. Supervisor Williams: Tom, aye. Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: E, the proposed action may result in the construction of water supply wells and locations or groundwater is or suspected to be contaminated. No or small impact may occur. Supervisor Williams: Tom, aye. Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: The proposed action may require the bulk storage of petroleum or chemical products over ground water or an aquifer. No or small impact. Supervisor Williams: Tom, aye. Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: Next one, proposed action may involve the commercial application of pesticides within 100 feet of potable drinking water or irrigation sources. No or small impact may occur. Supervisor Williams: Tom, aye. Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: Other impacts listed here, it says Aquifer Permit is required to the proximity of the development to the Town water supply. The development, as proposed, will not have any uses that would introduce contamination in groundwater. No or small impact may occur. Supervisor Williams: Tom, aye. Councilman Testa: Ted, aye. MARCH 2, 2022 TOWN BOARD MEETING PAGE 7 Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: Moving to Factor 5, Impact on Flooding. The proposed action may result in development on land subject to flooding. The proposed answer to that General Factor is, no. Mr. Keplinger, please. Edward Keplinger, Engineer: Yeah, the project site is not located in a floodway or in flood plains, and there is not a localized flooding that occurs at the project site. Attorney DelVecchio: That being said, the proposed answer being, no. Let's go around the horn. Supervisor Williams: Tom, aye. Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: Moving on to Impacts on Air. The proposed action may include a State regulated air emission source. Mr. Keplinger. Edward Keplinger, Engineer: Yeah, there's no proposed uses that would impact air quality at the site. Attorney DelVecchio: Answer being… the proposed answer being, no. Go around the horn. Supervisor Williams: Tom, aye. Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: Impacts on plants and animals. The proposed action may result in loss of flora or fauna. Mr. Keplinger. Edward Keplinger, Engineer: There are no endangered plants or animal species at the project site. There would be no impact. Attorney DelVecchio: Proposed answer being, no. Let's go around the horn, please. Supervisor Williams: Tom, aye. Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: Moving on to Impact on Agricultural Resources. The proposed action may impact agriculture resources. Mr. Keplinger. MARCH 2, 2022 TOWN BOARD MEETING PAGE 8 Edward Keplinger, Engineer: Yeah, the project site is not protected agricultural land nor do agricultural practices occur there now, or have in the recent past. Attorney DelVecchio: That being said, the proposed answer being, no. Let's go around the horn. Supervisor Williams: Tom, aye. Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: Impact on Aesthetic Resources. The land use of the proposed action are obviously different from, or in sharp contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource. Proposed answer being, no. Go ahead, Mr. Keplinger. Edward Keplinger, Engineer: Yeah, the… Well, this project will be the continuation of similar warehouse or manufacturing developments that are in the same area. So there would be no impact or change to the aesthetics of the area. Attorney DelVecchio: Proposed answer being, no. Let's go around the horn. Supervisor Williams: Tom, aye. Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: Thank you. Impact on Historic and Archeological Resources. The proposed action may occur in or adjacent to a historic or archaeological resource. Mr. Keplinger. Edward Keplinger, Engineer: Yeah, there are, per the State database, there are no historic or archaeological resources occurring at the project site. Attorney DelVecchio: Thank you. Let's go around the horn. Proposed answer being, no. Supervisor Williams: Tom, aye. Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: Impact on Open Space and Recreation. The proposed action may result in the loss of recreational opportunities or reduction of an open space resources as designated in any adapted municipal open space plan. Mr. Keplinger. Edward Keplinger, Engineer: This project site is not utilized for recreation nor open space uses for the community Attorney DelVecchio: Proposed answer being, no. Go ahead. Supervisor Williams: Tom, aye. Councilman Testa: Ted, aye. MARCH 2, 2022 TOWN BOARD MEETING PAGE 9 Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: Impact on Critical Environmental Areas. The proposed action may be located within or adjacent to a critical environmental area. Proposed answer being, no. Mr. Keplinger. Edward Keplinger, Engineer: Yeah, per the state databases, there are no critical environmental areas adjacent to the project site. Attorney DelVecchio: With that said, let's go ahead Board. Supervisor Williams: Tom, aye. Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: Was that four or five? Five, okay. Impact on Transportation. The proposed action may result in the change to existing transportation systems. Mr. Keplinger, please. Edward Keplinger, Engineer: Yeah, no this development will utilize the existing road network adjacent to the site. So there's no change. Attorney DelVecchio: That being said, the proposed answer being, no. Supervisor Williams: Tom, aye. Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: Impact on Energy. The proposed action may cause an increase in use of any form of energy. Mr. Keplinger. Edward Keplinger, Engineer: Well, obviously with development there'll be increases in energy, but the energy increases would be negligible. What’s proposed there are not high energy or demand high energy, or a lot of energy. Attorney DelVecchio: The proposed answer being, no. Go ahead. Supervisor Williams: Tom, aye. Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: Impact on Noise, Odor, and Light. The proposed action may result in an increase in noise, odors, or outward lighting. Mr. Keplinger. MARCH 2, 2022 TOWN BOARD MEETING PAGE 10 Edward Keplinger, Engineer: While this development is an expansion, there should be no significant difference in noise, odor, and lights than the adjoining development. Attorney DelVecchio: Proposed answer being, no. Go ahead, please. Supervisor Williams: Tom, aye. Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: 16, The proposed action may have an impact on human health from exposure to new or existing sources of contaminants. Mr. Keplinger. Edward Keplinger, Engineer: There are no proposed contaminants or uses that would contain contaminants at this site. Attorney DelVecchio: Proposed answer being, no. Go ahead, please. Supervisor Williams: Tom, aye. Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: Consistency with Community Plans. The proposed actions, not consistent with adapted land use plans. The proposed answer being, no. Mr. Keplinger, briefly. Edward Keplinger, Engineer: Yeah, the development is consistent with the community plans and the Town master plan. Attorney DelVecchio: Proposed answer to that being, no. Go ahead Board. Supervisor Williams: Tom, aye. Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: And the final factor is consistency with community character. The proposed action is inconsistent with the existing community character. The proposed answer being, no. Mr. Keplinger. Edward Keplinger, Engineer: You know the architecture or the style building will be similar to the other buildings that occur in that area. So it should be consistent with the neighborhood character. Attorney DelVecchio: Proposed answer being, no. Supervisor Williams: Tom, aye. Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. MARCH 2, 2022 TOWN BOARD MEETING PAGE 11 Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: Okay, thank you for your assistance with that Mr. Keplinger. With that said, the Board acting as lead agency only two of the general factors were answered in the affirmative, and with respect to those affirmatively answered factors there were no or a small impact may occur with respect to those sub-factors. That being said, this is going to result in a negative declaration. As you all are aware, I circulated, previously to the meeting, a proposed written Resolution, imposing in that negative declaration, and an attached notice of a negative declaration/non significance. Have you all received and reviewed those proposed documents? Councilman Testa: Yes. Councilman Cobb: Yes. Councilman Guido: Yes. Councilman Leach: Yes. Attorney DelVecchio: With that said, I'd ask for a motion to adopt those proposed written Resolutions imposing a negative declaration with respect to this project. Councilman Guido: I’ll make that motion. Councilman Testa: I'll second it. Supervisor Williams: Thank you Teddy. Any conversation about this? Discussion? Hearing none, I'll call the question, all those in favor? Tom, aye. Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: Thank you very much. Moving on to the Aquifer Protection Permit aspect of this. Obviously your role as Lead Agency with respect to the issuance, or the potential issuance, of an Aquifer Protection Permit is to address any potential concerns with the project, and what the property is proposed being used for as it has any concerns regarding groundwater in the Aquifer. I guess, Tom, if you'd allow me to just give Mr. Keplinger the chance to… thank you very much. Mr. Keplinger if you want to speak, just generally, about any potential concerns and just inform the Board. Edward Keplinger, Engineer: So, we don't really have any concerns about the types of uses that are being proposed, at this time, would not have any sources of contamination to the Aquifer. I think Mr. Yaman will agree with me that, you know, right now we have two potential tenants for buildings. There's seven… six or seven buildings proposed, at this time, and we would come back for groundwater or Aquifer Permit for each development as we move through the phases. So, there's always an opportunity for this Board to come back and review what's been going on at the site while looking forward to approving the next development. Supervisor Williams: And the Planning Board has looked at the first two occupancies. Is that correct? Potential occupancies. Edward Keplinger, Engineer: Correct. What we've had is, we've had the whole plan approved in concept with the two buildings, Building A and E, being the buildings that would be constructed in the first phase. So they've looked at those in detail, and we've also generally looked at the rest of the development. Supervisor Williams: Alright. MARCH 2, 2022 TOWN BOARD MEETING PAGE 12 Edward Keplinger, Engineer: And then after that, depending on the uses, as far as the, you know, if we… depending on the potential tenants in the future phases. Supervisor Williams: Thank you. Attorney DelVecchio: Mr. Yaman. I think Mr. Yaman wants to say something … David Yaman: … So I just wanted to intercede one thing. We've agreed with both Boards that we would come back when we know who the occupant is. And if there's any threat to the environment or anything that would violate anything that you’re revealing now, we would know simply by the person that's going to be occupying the building. So we would divulge that at that time. So at this juncture there is no concern whatsoever about environmental issues or any contamination. Supervisor Williams: I just wanted to be on the record. That as this project moved along, subsequent phases would be reviewed by Planning before construction before permits were issued. David Yaman: Absolutely. Supervisor Williams: Thank you. Attorney DelVecchio: With that said, I think I'll look for somebody to make a motion to issue the Aquifer Protection Permit to the applicant as requested. Councilman Testa: I'll make that motion. Supervisor Williams: Thank you, Ted. Do we have a second? Councilman Cobb: I’ll second it, Jay. Supervisor Williams: Any discussion? Hearing none, I'll call the question. Tom, aye. Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: Thank you David and Ed, I appreciate that. Edward Keplinger, Engineer: Yeah, thank you. Attorney DelVecchio: Have a great evening guys. David Yaman: Yep. Thank you. Councilman Testa: Good luck to you. RESOLUTION #78 A RESOLUTION DETERMINING THAT THE CONSTRUCTION OF A PROPOSED WAREHOUSE/ MANUFACTURING FACILITY PROJECT FOR PROPERTY OWNED BY CORTLAND COMMERCE CENTER, LLC LOCATED AT 839 ROUTE 13, TAX MAP #’s #95.00-10-01.110 AND #95.00-10-11.200 WILL NOT HAVE A SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT Motion by Councilman Guido Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED WHEREAS, the Town Board of the Town of Cortlandville (the “Town Board”) is the duly elected legislative body within the Town of Cortlandville; and MARCH 2, 2022 TOWN BOARD MEETING PAGE 13 WHEREAS, the Applicant has proposed construction of a multi-phased warehouse/manufacturing facility consisting of one 38,000 square foot building, four 30,000 square foot buildings and one 20,000 square foot building, with associated driveways, parking area, loading docks, utility services, storm water management facilities and landscaping for property owned by Cortland Commerce Center, LLC located at 839 Route 13, Tax Map #’s #95.00-10-01.110 and #95.00-10- 11.200 (the “Project”); and WHEREAS, the Town of Cortlandville duly forwarded the proposed Local Law to the Cortland County Planning Agency (“County Planning”) in accordance with General Municipal Law § 239- l and m, on or about December 28, 2021; and WHEREAS, on or about January 19, 2022, County Planning recommended approval of the Project with eleven conditions including compliance with SEQR requirements; and WHEREAS, County Planning’s first ten conditions of approval have been incorporated into the Project, and the last condition is being met by the Town Board as indicated in this Resolution; and WHEREAS, the Town Board hereby characterizes the Project as a "Type I Action" for purposes of SEQRA; and WHEREAS, the Town Board intends to fulfill the role of "Lead Agency" for purposes of the required SEQRA review; and WHEREAS, no other state or local agency has discretionary approval authority with respect to the enactment of a local law within the Town of Cortlandville, and therefore, there are no other SEQRA “involved agencies”, and no coordination of the SEQRA review is required; and WHEREAS, the Town Board has reviewed and adopted Parts 1 and 2 of a Full Environmental Assessment Form (the "Full EAF") with respect to the Project in order to make its determination of significance as required by the SEQR regulations; and WHEREAS, copies of Parts 1 and 2 of the Full EAF and copies of each will be on file at the office of the Town; and WHEREAS, SEQRA requires the lead agency to “determine the significance” of an action, a determination that a proposed action either “may include the potential for at least one significant adverse environmental impact”, or that “there will be no adverse environmental impacts or that the identified adverse environmental impacts will not be significant”, as per § 617.7(a) of the New York State Department of Environmental Conservation’s SEQRA regulations (the “SEQRA Regulations”), 6 NYCRR § 617.7(a); and WHEREAS, criteria for determining the significance of the environmental impacts associated with an action including adoption of this Local Law are identified in § 617.7(c) of the SEQRA Regulations, which provides examples of actions that may have a significant adverse impact on the environment; and WHEREAS, the examples noted in the SEQRA regulations relate primarily to physical impacts, changes and/or impairments, such as changes in existing air, surface or groundwater quality, increases in traffic or noise levels, or impacts on vegetation or fauna, or, alternatively, conflicts with community goals or plans or other activities that might induce growth or impacts; NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE TOWN OF CORTLANDVILLE TOWN BOARD, AS FOLLOWS: After considering the following: the Project contemplated; the criteria for determining significance in the SEQRA Regulations; Parts 1 and 2 of the Full EAF; the Town Board makes the following findings and determinations with respect to the Project: Section 1. 1. The Project is a Type I action for purposes of SEQRA. 2. As the sole “involved agency” with respect to this legislative enactment, the Town Board is Lead Agency for purposes of this review. MARCH 2, 2022 TOWN BOARD MEETING PAGE 14 3. As there are no other “involved agencies” with respect to this legislation, no coordinated review is conducted. 4. The Town Board adopts the information contained in Parts 1 and 2 of the Full EAF for the Project. Section 2. The Town Board hereby finds that the Project will not have any significant adverse environmental impacts for the following reasons: 1. No questions in Part 2 of the Full EAF revealed any potentially moderate to large environmental impact associated with the Action. 2. Because the Project will not result in any significant adverse environmental impacts and, thus, will not require the preparation of an environmental impact statement. 3. As a consequence of the foregoing, the Town Board hereby issues a negative declaration with respect to the Project and hereby adopts the form of the Notice of Determination of Non-Significance attached hereto and incorporated herein. Section 3. The Town Clerk is requested to file the attached Notice of Determination of Non - Significance, along with this Resolution and Exhibits with the Town Supervisor, the Town Board and the Town Planning Board in files that are readily accessible to the public. Additionally, the Town Attorney should ensure that the prescribed ENB SEQRA Notice Publication Form for this Type I Negative Declaration is completed and submitted to the Environmental Notice Bulletin by e-mail at: enb@dec.ny.gov. Section 4. This Resolution shall take effect immediately. RESOLUTION #79 APPROVE AQUIFER PROTECTION PERMIT #3 OF 2022 SUBMITTED BY DAVID YAMAN FOR PROPERTY OWNED BY CORTLAND COMMERCE CENTER, LLC SUBJECT TO CONDITIONS Motion by Councilman Testa Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED WHEREAS, the Cortland County Planning Department and the Town Planning Board have reviewed and recommended approval of this Aquifer Protection Permit application, and WHEREAS, a Public Hearing was duly held by this Town Board, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #3 of 2022, submitted by David Yaman to construct Phase I of a multi-phased warehouse/manufacturing facility, to include one 38,000 square foot building (Building A) and one 20,000 square foot building (Building E), with associated driveways, parking areas, loading docks, utility services, stormwater management facilities and landscaping, for property owned by Cortland Commerce Center, LLC located at 839 Route 13, tax map #95.00-10-01.100 and #95.00-10-11.200, subject to the following conditions from the Town and County Planning Boards: 1. That a final subdivision plan be presented to the Town in conformance with section 140-9 of the Code of the Town of Cortlandville. 2. That right of way language be added into the deeds of both parcel 95.00-10-01.100 and the newly proposed development parcel. 3. That the applicant apply for and obtain a conditional permit, for each phase of the project in order to ensure compliance with Code of the Town of Cortlandville. MARCH 2, 2022 TOWN BOARD MEETING PAGE 15 4. That a lighting plan be submitted to the Town to ensure adequate lighting is provided for all thoroughfares. 5. That the Town consider if pedestrian and non-motorized access to the site is adequate. 6. That a Storm Water Pollution Prevention Plan (SWPPP) is presented to the Town in compliance with section 178-92 of Code of the Town of Cortlandville. 7. That a Storm Water Pollution Prevention Plan (SWPPP) be submitted to NYS Department of Environmental Conservation (NYSDEC) for review and obtain NYSDEC approval prior to disturbing more than 5 acres. 8. That a Traffic Impact Study for the full build be presented to both the Town and NYSDOT. 9. That the applicant obtain a permit from NYSDOT for any work within the state right of way. 10. That the applicant continue coordination with NYSDEC to ensure development does not interfere with NYSDEC Environmental Site Remediation number 712006. 11. Compliance with SEQR requirements. AND IT IS FURTHER RESOLVED, the applicant shall apply for and obtain an Aquifer Protection District Special Permit, and comply with SEQR for each phase of the project in order to ensure compliance with Code of the Town of Cortlandville, and it is further RESOLVED, the Supervisor is hereby authorized to sign the permit. Councilman Leach made a motion, seconded by Councilman Testa, to receive and file the following monthly reports: 1. Code Enforcement Officer – February 2022; and 2. Water/Sewer Department – February 2022. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Guido, to receive and file correspondence from Charter Communications, dated February 14, 2022, February 28, 2022, and March 1, 2022, regarding programming services. All voting aye, the motion was carried. Under new business, Town Clerk Rocco-Petrella informed the Board that approximately 82% of the total tax warrant has been collected. The Board would receive more specific information when the monthly report was submitted at the next meeting. She also reported that her office was working on the 1st Quarter water/sewer billing and preparing for the Spring 2022 newsletter, Talk of the Town, which would be available March 15, 2022. Attorney DelVecchio had no new business to report. Town Board Member Reports: Councilman Guido apprised the Board he was invited to attend a Zoom meeting by Adrianne Traub of the Seven Valley Health Coalition regarding plans for the Linear Park in the Village of Homer along Route 11. The project was in the planning stage; plans included “edible shrubbery”. Councilman Guido was invited to attend the next meeting and would provide updates as he had them. Councilman Leach commented that he has been watching the demolition of the former Willcox Tire facility, and the construction of the new medical facility. He was impressed with the work being done, noting the footers for the new building were being placed at the same time the building was being demolished. MARCH 2, 2022 TOWN BOARD MEETING PAGE 16 With regard to the Comprehensive Plan Committee, Councilman Cobb mentioned that one of the appointed members, Katherine Wickwire, had to step down from the Committee. Councilman Cobb was in the process of finding a new member and would report back. He also mentioned that he and Supervisor Williams met with the towns of Homer and Solon regarding the EDF project. Supervisor Williams added that there’s a question about the PILOT agreement with EDF. Initially, all three towns involved in the project agreed concerning PILOT, however further discussions must be had. Supervisor Williams added that the project is a couple years away from construction. Supervisor Williams reported: LED Streetlight Project: Supervisor Williams reported that the Town was in the process of replacing all Town Streetlights with LED lights. He mentioned that approximately 30 streetlights have been reported as “out” over the past few months. The bulbs haven’t been replaced as the Town has been in the process of transitioning to the new LED light fixtures. Town Board Meetings: Supervisor Williams announced that the Town Board would resume in-person meetings on March 16, 2022, as Cortland County was no longer rated high risk for COVID. The meetings would be held in the Municipal Garage. Notice would be provided on the Town’s website. Gutchess Lumber Sports Complex – Phase 2 Dugouts: Supervisor Williams stated that the Town has been talking extensively with its engineer, CHA about Phase 2 of the Gutchess Lumber Sports Complex (GLSC). To reduce costs, it was decided that the Town would construct the dugouts for the new fields. The Town Highway Department built the four existing dugouts at less than half of the cost of what it would have been had they been built professionally. The Town received approval from PBR Tournaments to replicate the dugouts for the new fields. A rendering of the new dugouts, drafted by Town Highway Department employee, Fred Walker was provided to the Board for their review prior to the meeting. The Board was in favor of having the Town construct the new dugouts to reduce costs, with cost estimates to be provided by Mr. Walker. Park Outdoor Advertising – Payment for Billboard at GLSC: Supervisor Williams apprised the Board that Park Outdoor Advertising made its first payment of $16,000 to the Town for the billboard located on Town property located at the site of GLSC. The sign will be assessed and taxable. Town Board Members – Committees/Representatives: Supervisor Williams explained that he has asked the Board members to be involved in different projects concerning the Town. Councilman Guido is the Town’s representative regarding the new Linear Park in the Village of Homer/Town of Cortlandville. He was also asked, because of the request received from Town resident, Pamela Jenkins, to “do a feasibility study on changing the agenda process” and the timing of the agenda and its availability to the public. Councilman Guido would report back to the Board at a later date. Councilman Cobb is involved as the Chair of the Comprehensive Plan Implementation Committee, and is also involved with the large scale, 90 MWac solar project planned by EDF Renewables. Councilman Leach was asked to work with Spectrum, and coordinate between the Town, Spectrum and CHA, to bring Wi-Fi to GLSC. Contract with Cortland County – Grant Award for GLSC: Supervisor Williams apprised the Board he received the contract from Cortland County concerning the awarded funds for the GLSC. The contract was designed by the US Treasury Department for the ARPA money. The County passed the contract on to the Town concerning the 2021 award of $250,000; a separate contract would be received in August concerning the 2022 award of $250,000. Attorney DelVecchio was reviewing the contract prior to it being signed. Supervisor Williams expected that the Town would receive the funds as soon as the contract is signed. MARCH 2, 2022 TOWN BOARD MEETING PAGE 17 Executive Session: Supervisor Williams stated there would be a short executive session to discuss personnel matters at the conclusion of the regular meeting. RESOLUTION #80 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY GUTCHESS LUMBER CO. INC. FOR PROPERTY LOCATED AT 890 MCLEAN ROAD TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Guido Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Gutchess Lumber Co. Inc. for property located at 890 McLean Road, tax map #95.12-01-16.000, is hereby received and filed and shall be forwarded to the Town and County Planning Boards for review and recommendations. RESOLUTION #81 APPOINT COUNCILMAN GREGORY K. LEACH AS THE TOWN’S LIASON FOR THE CORTLAND COUNTY WORKERS’ COMPENSATION COMMITTEE Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa NAY – 0 ABSTAIN – Leach ADOPTED BE IT RESOLVED, the Town Board does hereby appoint Councilman Gregory K. Leach as the Town’s representative to the Cortland County Workers’ Compensation Committee, to replace former Councilman Douglas E. Withey. With no further business to be heard, Supervisor Williams asked the Board to convene to an Executive Session to discuss personnel. Councilman Guido made a motion, seconded by Councilman Leach to recess the Regular Meeting to an Executive Session to discuss personnel. All voting aye, the motion was carried. The meeting was recessed at 5:54 p.m. Councilman Guido made a motion, seconded by Councilman Cobb, to adjourn the Executive Session and reconvene the Regular Meeting. All voting aye the motion was carried. The Executive Session was adjourned at 6:48 p.m. Members of the public were invited to return to the meeting at this time. Supervisor Williams stated that Amanda Rainbow, the Assistant to the Aid to the Supervisor, has successfully completed her probationary period, to which he gave her very high marks. He asked for a motion to offer her a $1,000 salary increase. Mrs. Rainbow would be replacing the Supervisor’s Secretary, Patty O’Mara upon her retirement later this year. RESOLUTION #82 AUTHORIZE SALARY INCREASE FOR AMANDA K. RAINBOW, ASSISTANT TO THE AID TO THE SUPERVISOR FOR THE TOWN OF CORTLANDVILLE Motion by Councilman Cobb Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED MARCH 2, 2022 TOWN BOARD MEETING PAGE 18 BE IT RESOLVED, as a result of the successful completion of the probation period, the Town Board does hereby authorize and direct the salary increase of $1,000 for Amanda K. Rainbow, Assistant to the Aid to the Supervisor for the Town of Cortlandville. The second matter to be discussed involved the salary of the Budget Officer for the Town of Cortlandville. Supervisor Williams explained that at the beginning of 2020, the Budget Officer line, by his suggestion, was cut in half, not knowing exactly how that was going to shape out in the coming years. He stated that, “it is a lot more involved than it was… than we thought then, and I have suggested that go back, and we put that back at the salary level that was in place at the end of 2019”. Town Clerk Rocco-Petrella provided the salary amount of $25,517.54. Supervisor Williams suggested the salary go back to the 2019 budgeted amount effective next pay period, prorated. Supervisor Williams asked Councilman Guido to run this portion of the meeting. Deputy Supervisor Guido made a motion to increase the Budget Officer salary to what it was in 2019 at $25,517.54, prorated to the next pay period. Councilman Cobb seconded the motion. RESOLUTION #83 AUTHORIZE SALARY INCREASE FOR THE BUDGET OFFICER FOR THE YEAR 2022 Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE –Cobb, Guido, Leach, Testa NAY – 0 ABSTAIN – Williams ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct that the salary of the Budget Officer for the year 2022 shall be increased from the 2022 budgeted amount of $12,759.00 to $25,517.54, which reflects the amount budgeted and approved for the year 2019, and it is further RESOLVED, the salary shall be prorated and to be effective with the next payroll period. One further item was discussed. Attorney DelVecchio referred to the Aquifer Protection Permit approved earlier in the meeting for Mr. Yaman. He clarified the project, for the record, as follows: Attorney DelVecchio: So, with respect to the David Yaman Aquifer Protection Permit. I just want to make it clear on the record that the Aquifer Protection Permit was granted with respect to the first phase of the project, which was granted a conditional permit by the Planning Board, namely, the first two buildings that are going to be constructed, I think, on the drawings they’re identified as buildings A and E, if I'm correct. Town Clerk Rocco-Petrella: Correct. Attorney DelVecchio: Okay. And also, as a part of that Aquifer Protection issuance, I want to incorporate the recommendations that were issued by the Cortland County Planning Board. There were 11 conditions. The 11th condition was compliance with SEQRA, which we did. So, I just ask for a motion to make that clarification with respect to the previously adopted Resolution regarding the issuance of the Aquifer Protection Permit. Councilman Testa amended his original motion to approve the Aquifer Protection Permit for Phase I of the project, to include buildings A and E, subject to the Cortland County Planning Board Recommendations. The motion was seconded by Councilman Cobb.* (*Town Board Resolution #79 of 2022 reflects the amended motion.) MARCH 2, 2022 TOWN BOARD MEETING PAGE 19 No further comments or discussion were heard. Councilman Guido made a motion, seconded by Councilman Cobb, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:22 p.m. Respectfully submitted, Kristin E. Rocco-Petrella, RMC Town Clerk Town of Cortlandville *Note: The draft version of this meeting was submitted to the Town Board for their review on March 18, 2022. The final version of this meeting was approved as written at the Town Board meeting of April 6, 2022.